Rules 23 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 23 to 25 are the first three rules of Chapter VII on the statutory licence for cover versions under section 31C of the Copyright Act, 1957. They say what notice a person must give before recording a cover version, what royalty must be paid up front, what must be in the notice, how the cover version may be packaged and labelled, and what to do when more copies are wanted.
A person who intends to make a cover version must give notice to the owner of the copyright and the Registrar of Copyrights at least fifteen days in advance, and pay with the notice the royalty for a minimum of fifty thousand copies (or a lower minimum fixed for a language or dialect). The notice must follow eight particulars. The cover version must keep the work's integrity, avoid lookalike packaging, and state in bold letters that it is made under section 31C. More copies need a fresh advance notice under rule 23. The rules refer to the Board, abolished at Act level in 2021.
The Board caution
Rules 23 and 25 refer to royalty rates "determined by the Board" under rule 27 and to a lower minimum "fixed by the Board". That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and, for section 31C, moved its role to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment. This article explains what the rules require of the person making the cover version; it does not present procedure before the Board as current. For the Act text see section 31C. If you also want your own recording recorded in the Register, our copyright registration team can help.
Rule 23: notice for making a cover version
Sub-rule (1): the notice and the advance royalty
Any person intending to make a cover version, being a sound recording of a literary, dramatic or musical work under section 31C(1), "shall give a notice of such intention to the owner of the copyright in such works and to the Registrar of Copyrights at least fifteen days in advance of making of the cover version". Along with the notice the person must:
- pay the owner the royalties due for "a minimum of fifty thousand copies and if the number is more, for all the copies of cover version to be made", at the rate determined under rule 27; and
- provide copies of all covers and labels with which the cover version is to be sold.
First proviso. Where, for works in a particular language or dialect, the Board by general order has fixed a lower minimum under the proviso to section 31C(4), the applicant pays for that lower minimum, and for all copies if more.
Second proviso. A person intending to make a cover version "shall give a notice under this Chapter only after the royalty to be paid is determined by the Board under rule 27 and published in the Official Gazette and in the website of the Copyright Office and the Board." In plain terms, no notice can be given until a royalty rate has been published.
Explanation. "Cover version" for this rule means a sound recording made in accordance with section 31C and the rule.
Sub-rule (2): what the notice must contain
| Item | Particulars |
|---|---|
| (a) | The work for which the cover version is to be made |
| (b) | Alterations proposed for the adaptation, with evidence of the author's consent where required |
| (c) | Name, address and nationality of the owner of the copyright |
| (d) | Particulars of the sound recording previously made of the work |
| (e) | Total number of copies and the calendar year of making |
| (f) | The medium in which the sound recording was last made and in which the cover version is to be made |
| (g) | The price at which the cover version is to be sold |
| (h) | The details of the advance royalty paid, as determined under rule 27 |
Rule 24: conditions while making the cover version
- Integrity (sub-rule 1). The producer "shall maintain the integrity of the original literary, dramatic or musical works, except to the extent as may be technically necessary for the purpose of making the cover version."
- No lookalike packaging (sub-rule 2). The cover version shall not be issued in any packaging, cover or label, "including any label or carton or inlay card or website", with a design, colour scheme, layout or getup similar to the original sound recording that is likely to mislead or confuse the public as to the identity of the original.
- Own label and bold statement (sub-rule 3). It shall not use the label of the original and "shall state in bold letters on the cover that it is a cover version made under section 31C."
- Performers (sub-rule 4). It shall prominently display the names of performers, and shall not contain the name or depict any performer of an earlier sound recording of the same work, or of any cinematograph film in which that sound recording was incorporated.
Compare this with the broader rules on performers' rights under sections 38 to 38A.
Rule 25: additional copies
A person who made a cover version under section 31C after giving notice, and who wants to make additional copies during the period for which he gave notice, or wants to continue making the cover version, "shall give fresh advance notice under rule 23 and comply with all the conditions including the payment of advance royalties determined by the Board in this regard under rule 27."
So additional copies are not a top-up: the whole of rule 23, including the fifteen-day notice, applies again. The text does not say whether the minimum of fifty thousand copies applies afresh; read literally, "comply with all the conditions" suggests it does, but the text is silent on that point.
A worked example
Rohan Kapoor Records wants to record a cover of a published Hindi song, selling about 60,000 copies. After the royalty rate under rule 27 has been published, Rohan gives notice to the owner of the song and to the Registrar at least fifteen days before making the recording, pays the advance royalty for all 60,000 copies, sends the proposed covers and labels, and sets out the eight particulars. His cover states in bold letters that it is a cover version made under section 31C, uses its own label and a different design, and names its own performers. If he later wants 20,000 more, he gives a fresh advance notice under rule 23.
What the rules do not say
- No royalty rate is printed in rules 23 to 25; it comes from rule 27.
- No fee for the notice appears in the Second Schedule entries on licences, and the text does not say whether any fee applies.
- The text does not say what happens to the notice if the owner cannot be traced.
- Rule 24 does not define "technically necessary".
Need help with a cover version or its paperwork?
If you are recording a cover, or if you own a song and want to confirm the notice and the royalty were handled correctly, speak to our team. We can also help with recording your own sound recording in the Register through copyright registration.
Key takeaways
- Notice goes to the owner and to the Registrar at least fifteen days before making the cover version.
- Royalty for at least fifty thousand copies is paid with the notice, unless a lower minimum applies for a language or dialect.
- The notice must carry eight particulars, including alterations, price and the advance paid.
- The cover must keep the work's integrity, avoid lookalike packaging and state in bold that it is made under section 31C.
- Additional copies need a fresh advance notice; the Board is abolished at Act level, so check later amendments.
Read next
- Rules 26–28: cover version records, royalty and complaint for non-payment
- Rules 17–22: compulsory licence for the disabled
- Performing rights and broadcasting rights under copyright
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.